Here is an excerpt from the “F-1 Visa for Students” chapter in Giselle Carson’s book Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, which is available for purchase on Amazon. Is CPT a separate visa status? No, CPT is a benefit of F-1 status. While engaged in CPT, you are still considered to be in F-1 status under the visa sponsorship of your college or university. Does […]Continue Reading
Are You Eligible for a 10- or 60-Day Grace Period?
It’s good to know that some foreign nationals have a 10- or 60-day grace period to prepare to begin employment, plan to depart the United States, or take action to extend, change, or otherwise maintain lawful status. These grace periods are discretionary and do not provide for work authorization, but they can be very helpful to provide lawful status during a transition period, such as a change of employer. Who is eligible for a 60-day […]Continue Reading
What Immigration-Related Questions Can Employers Ask During the Hiring Process?
Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?” Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status. Until recently, the following two questions were the only accepted questions for pre-hire screening: Are you authorized to work in the U.S.?; and Will you now or in the future require sponsorship for employment visa […]Continue Reading
A priority date establishes your place in the queue for a permanent residency status (also known as a Green Card). You cannot file your Adjustment of Status (AOS) applications or apply for your immigrant consular interview until your priority date is current. Depending on your visa category and country of chargeability, this can be one to several years. For most foreign nationals, losing or retaining a priority date can make a big difference in the […]Continue Reading
Starting a new job is exciting but also stressful. For a foreign national, it is even more stressful, because it can have significant consequences for their immigration status. Under immigration law, portability is the ability to port or change employers while preserving your previously filed and pending I-485 adjustment of status application. These changes prompt a number of critical questions. Here are answers to common concerns about job portability.Continue Reading
FAQs about the New Rule’s Impact on H-1B Cap Exemptions
The H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April. One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be considered a cap-exempt organization or whether a foreign national could qualify to work concurrently for both cap-subject and cap-exempt organizations. The new High-Skilled Workers rule […]Continue Reading